TE KOROWAI O WAINUIARUA - Uenuku, Tamahaki and Tamakanauenuku.iwi.nz/wp/wp-content/uploads/2015/06/UCT-final... · 2015. 6. 16. · Reihana Rangiuraua, Miha Tuatini, Reone Te Maungaroa,

TE KOROWAI O WAINUIARUA (Central Whanganui Large Natural Group)

Final Mandate Strategy Presented by

Uenuku Charitable Trust

Contact Details

Uenuku Charitable Trust

PO BOX 102

Raetihi 4646

06 385 4900

[email protected]

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Uenuku e noho nei

Mai Ruapehu ki Tangaroa e

Nei rā mātou, mauri ora

Ko te iti ko te rahi

E te iwi e

Manganui-a-te-Ao

Ko te Waimarino

Whakawhiti mai rā ki Raetihi

Uenuku e hora nei

Karapoti te whenua o ngā

Tūpuna

Ko te tini ko te mano

Hoki hoki mai rā

I ngā huarahi o te motu e

E huri e huri, ko te pito o te ika

Uenuku, Tamahaki, Tamakana e

Haere mai

Haere mai

Haere mai

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Contents 1. Introduction

2. Background

3. Claimant Definition: Ko Wai Tātou

4. Overlapping Claims

5. Claims Definition (Wai Claims)

6. Charitable Trust Structure

7. Responsibilities and Accountabilities

8. Tribal Registry

9. Negotiators

10. Mandate Planning

11. Proposed Mandate Process

12. Voting Process

13. Dispute Resolution

14. Amendment or Withdrawal of Mandate

15. Research

Appendix A: UCT Deed of Trust

Appendix B: Draft UCT Representation Protocol

Appendix C: Draft Disputes Procedure

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1. Introduction 1.1. Uenuku Charitable Trust (UCT) seeks the mandate to negotiate the comprehensive

settlement of all historical Treaty of Waitangi claims that relate to the central Whanganui

Large Natural Group (LNG). Historical Treaty of Waitangi claims are claims, whether

registered or unregistered, that arise from Crown actions and omissions that occurred prior

to 21 September 1992.

1.2. UCT propose that the central Whanganui LNG be named Te Korowai o Wainuiarua. The

central Whanganui LNG is subsequently referred to as Te Korowai o Wainuiarua in this

mandate strategy. Wainuiarua describes the people of the upper reaches of the

Whanganui River and its tributaries. UCT chose this term as a way to be inclusive of uri of

Uenuku, Tamahaki and Tamakana in the central Whanganui region.

1.3. This mandate strategy:

defines Te Korowai o Wainuiarua;

explains how UCT is structured to represent members of the claimant community

in negotiations with the Crown; and,

outlines the process involved in seeking a mandate.

2. Background 2.1. In June 2013, the framework for Treaty settlements in the Whanganui region was agreed at

a meeting between the Whanganui District Collective and the Office of Treaty Settlements

(OTS). The agreed settlement framework includes four LNGs in the Whanganui region.

Following significant work undertaken by many people in the central Whanganui region,

the Minister for Treaty of Waitangi Negotiations recognised the central Whanganui LNG in

August 2014.

2.2. UCT was registered in April 2014 as part of the work to prepare for Treaty settlements. UCT

was established following a series of Hui-ā-iwi with a view to providing a structure where

all voices in the central Whanganui region could be heard. UCT has a large Board of

Trustees including seats for Hapū, Marae, Wai claimants, uri, rangatahi representatives and

kaumātua as of right in order to be fully inclusive and representative.

2.3. The intention is that UCT represents all sections of the Te Korowai o Wainuiarua claimant

community in the central Whanganui region and throughout Aotearoa. We seek to agree a

positive way forward while recognising that there will always be room for differing views.

We are developing our policies and constantly evolving them to recognise the growth in

representation and participation across Te Korowai o Wainuiarua. We seek to work

together to strengthen our collective voice and welcome your participation and

contribution to our work.

2.4. Since the Whanganui River settlement for the benefit of all Whanganui iwi was signed in

August 2014, the people of central Whanganui are focussed on progressing towards negotiations with the Crown for the settlement of all historical Treaty claims relating to Te Korowai o Wainuiarua.

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3. Claimant Definition: Ko Wai Tātou? 3.1. Ancestors

3.1..1. For the purpose of Treaty settlement negotiations, UCT is seeking the mandate to

represent the community of individuals who descend from one or more of the

tūpuna:

Tamakana1

Tamahaki2

Uenuku ki Manganui-a-te-Ao, nā Tūkaihoro

3.2. Constituent Groups

3.2..1. UCT is seeking the mandate to represent every Hapū, whānau or group to the

extent that it is composed of individuals who trace descent to the tūpuna listed

above, including:

• Ngāti Atamira

• Ngāti Hinekoropango

• Ngāti Hinekura

• Ngāti Hinemihi ki Uenuku

• Ngāti Hinetaro

• Ngāti Kahukurapane

• Ngāti Kahukurapango

• Ngāti Kōwhaikura

• Ngāti Kuratangiwharau

• Ngāti Maringi

• Ngāti Matakaha

• Ngāti Pare

• Ngāti Poumua

Ngāti Rangi ki Manganui-a-te-Ao3

• Ngāti Ruakōpiri

• Ngāti Tamahuatahi

Ngāti Tamakana

• Ngāti Tara

• Ngāti Tauengarero

• Ngāti Tūkaiora

• Ngāti Tumanuka

• Ngāti Uenuku

• Ngāti Waikaramihi

• Ngāti Whaikiterangi

1 Uenuku te Iwi, Tamakana te Tūpuna. 2 Please see paragraph 3.2.4. for more information. 3 Ngāti Rangi ki Manganui-a-te-Ao descend from the following tūpuna: Hamuera Kaiōroto, Hāmarama Te Wainga, Rehauna Te Aurere, Reihana Rangiuraua, Miha Tuatini, Reone Te Maungaroa, Ngarino Te Maungaroa, Peke Rorangi, Mihi Rorangi, Te Akihana Te Pene, Kaiōroto Hamuera, Katarina Parue and Te Hirata Riwha. Marae related to Ngāti Rangi ki Manganui-a-te-Ao are Tāokinikini, Papatupu, Karaka and Te Kaiōroto Papakāinga. Te Kaiōroto also had a kāinga on Raetihi Hill. Current Hapū activities include family gatherings and whakapapa Hui in the vicinity of Pipiriki. Ngāti Rangi ki Manganui-a-te-Ao is discussed in Central Claims Charitable Trust Oral and Traditional History Report (Wai 903, A152, pp.167-8).

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3.2..2. UCT is also seeking the mandate to represent four Hapū that affiliate to both Te

Korowai o Wainuiarua and other LNGs. These shared Hapū will only be included

in the mandate to the extent that they trace descent from the tūpuna listed in

3.1.1. UCT recognise that other entities may seek mandates to represent shared

Hapū to the extent that they descend from the founding tūpuna of other LNGs.

UCT are seeking the mandate to represent the following shared Hapū:

• Ngāti Hau

• Ngāti Hekeāwai

• Ngāti Hinewai

• Ngāti Kurawhatia

3.2..3. UCT is seeking a mandate to represent Patutokotoko insofar as it relates to the

tūpuna listed in 3.1.1. Patutokotoko was a council of chiefs made up of Hapū who

were related by whakapapa. They were responsible for protecting the awa

Wainuiarua (Whanganui River) and Uenuku lands and travelled extensively in

Aotearoa. Pehi Turoa was the paramount chief of Patutokotoko and his mana was

known from the mountain to the sea. He commanded many including Hekeāwai,

Ngāti Hāua, Uenuku, Ngāti Takirau, Ngāti Rangiahuta, Tamakaikino, Maruwahine,

Paerangi, Kurawhatia, Rongomaitawhiti, Ruaka and Putiki (for clarity, this list does

not extend the claimant definition for this mandate strategy). Pehi Turoa resided

in the Manganui-a-te-Ao valley and was often referred to as the taniwha of

Wainuiarua. Today Patutokotoko is governed by kaumātua and individuals who

have a direct whakapapa to the mana of Pehi Turoa.

3.2..4. UCT is committed to working together with Tamahaki to progress the settlement

of all historical Treaty claims as well as in the future to strengthen our people.

Our commitment to working with Tamahaki started with the claim to the

Whanganui River. It was agreed that Tamahaki would look after the awa and

Uenuku would look after the maunga. The Treaty settlement process has allowed

this whanaungatanga to be upheld to progress the comprehensive settlement of

all historical Treaty claims. UCT has written to representatives of Tamahaki and

attended Tamahaki Hui to express their whakawhanaungatanga and mutual

connections with the awa, the maunga and the whenua. UCT hold the view that

Tamahaki will speak for themselves in regards to how they wish to be

represented within UCT for the purposes of Treaty settlement negotiations and

may seek to include the addition of Hapū to the claimant definition that

Tamahaki consider are currently active. UCT reiterate that the invitation remains

open for Tamahaki to represent themselves on UCT.

3.2..5. The inclusion of the tūpuna in 3.1.1 ensures that any Hapū that are currently

inactive are able to be stood up should any member of Te Korowai o Wainuiarua

see fit to do so.

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3.3. Marae

3.3..1. UCT has identified 27 Marae that relate to Te Korowai o Wainuiarua. The Marae

included in this list are intended to be illustrative of Te Korowai o Wainuiarua and

do not define the membership of the claimant community, nor do they define the

area of interest. UCT accept that some of these Marae affiliate to neighbouring

LNGs but wish to acknowledge their close connections with these groups and

their Marae:

• Hiruhārama (Patiarero)

• Karaka

• Kuratahi

• Mākaranui Papakāinga

• Mangamingi

• Mangapapapa

• Maniaiti

• Marangai

• Maungārongo

• Mō Te Katoa

• Ngā Mōkai Papakāinga

• Papatupu

• Parinui

• Raetihi Pah

• Raketepauma

• Tāokinikini

• Te Āo Hou

• Te Kaiōroto Papakāinga

• Te Koanga Rehua

• Te Tohu i te Rangi

• Tieke

• Tirohia Papakāinga

• Tirorangi Pah

• Tuhi Āriki Pah

• Ūtapu

• Waipapa

• Waitahupārae

3.4. Area of Interest/Rohe

E rere kau mai ana te awa nui mai i te kāhui maunga ki Tangaroa,

ko au te awa ko te awa ko au.

3.4..1. Te Korowai o Wainuiarua area of interest of Tamakana, Tamahaki and Uenuku

begins on Ruapehu Maunga, Paratetaitonga down the Whakapapa Nui to the

Whanganui River. Then down the Whanganui River to the southern boundary of

the Koiro Block, then to the northern boundary of the Maraekowhai Block and

onto the Taranaki Boundary. The boundary then moves in a south west direction

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along the western boundaries of Maraekowhai Block and Taumatamahoe Block.

Then in a south east direction down the Whakaihuwaka Block then across to the

Whanganui River, down the River to Matahiwi. Then follow the Matahiwi track to

Raukawa Falls then across to Rangiwaea Junction and onto Rakatapauma Pa,

down to Mataroa and across to Moawhango. Up the Moawhango River to Lake

Moawhango, then the boundary goes to the Whangaehu River and follows that

river to Te Waiamoe then up to Paretetaitonga.

3.4.2. The map is not exclusive.4 It is intended to be indicative only and will be refined

through the mandate process.

4 Please refer to Central Claims Charitable Trust map book (Wai 903, A153) plate 57 and 118 for an indication of the areas of interest that relate to specific tūpuna.

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4. Overlapping Claims 4.1. Neighbouring groups that may have overlapping interests are:

• Ngāti Maniapoto

• Ngāti Tūwharetoa

• Ngāti Hāua

• Ngāti Rangi

• Whanganui

• Mōkai Pātea

• Ngaa Rauru

• Ngāti Ruanui

• Ngāti Maru

4.2. UCT will take responsibility for engagement and interaction with neighbouring groups

regarding overlapping interests.

5. Claims Definition (Wai Claims) 5.1. Wai claims included in the mandate strategy to be represented by UCT are:

• Wai 73 A claim made by Sonny Pehi, Te Mataara Pehi, Sharon Te Paea

Patrice Pehi and Tira Natalie Lynnette-Leed.

• Wai 458 A claim made by Richard Ngarirena Marumaru, Ngaire Williams

and Karina Williams.

• Wai 836 A claim made by Vivienne Joan Parihita Kopua, Patricia Henare

and Tira Taurerewa.

• Wai 843 A claim made by Barbara Lloyd.

• Wai 954 A claim made by Raymond Rapana and Rangi Bristol.

• Wai 1072 A claim made by Matiu Haitana.

• Wai 1073 A claim made by Chris Ngataierua.

• Wai 1084 A claim made by Matiu Haitana, Don Robinson, Rangi Bristol and

Raymond Rapana.

• Wai 1170 A claim made by Rangi Bristol, Raymond Rapana and Matiu

Haitana.

• Wai 1181 A claim made by Maria Annette Perigo.

• Wai 1189 A claim made by Kahukura Taiaroa.

• Wai 1192 A claim made by Dean Hiroti, Aiden Gilbert and Patrick Te Oro.

• Wai 1197 A claim made by Matiu Haitana.

• Wai 1202 A claim made by Rangi Bristol, Raymond Rapana, Dean Hiroti,

Geraldine Taurerewa, Ngaire Janice Williams, S.K. Taiaroa, Rufus

Bristol, Marilyn Mako, Rosita Dixon and Matiu Haitana.

• Wai 1224 A claim made by Robert Wayne Cribb and Marina Ruuma

Williams.

• Wai 1261 A claim made by Aiden Gilbert.

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• Wai 1388 A claim made by Rangi Bristol, Raymond Rapana, Matiu Haitana,

Aiden Gilbert, Garth Hiroti, Patrick Te Oro, Kahukura and Eleanor

Taiaroa and Wairata Te Huia.

• Wai 1393 A claim made by Phillip Ponga, Sharlane Winiata and Geraldine

Taurerewa.

• Wai 1394 A claim by Kura Te Wanikau Tahana.

• Wai 1633 A claim by Kahukura Taiaroa.

• Wai 1738 A claim made by Rufus Bristol.

• Wai 2203 A claim made by Raymond Rapana and Robert Wayne Cribb.

• Wai 2204 A claim made by Gabrielle Whitu and Robert Wayne Cribb.

5.2. The following Wai claims relate to Te Korowai o Wainuiarua in part only. Only the parts of

these Wai claims that relate to Te Korowai o Wainuiarua will be covered by the mandate

and will be negotiated by UCT. This will not extinguish these Wai claims, and they will still

be able to be included in other claimant definitions as Wai claims to be settled in part. They

are:

• Wai 48 A claim made by Te Aroha Ann Ruru Waitai and Kevin Amohia.

• Wai 81 A claim made by Te Aroha Ann Ruru Waitai and Kevin Amohia.

• Wai 146 A claim made by Hikaia Amohia and Kevin Amohia.

• Wai 1675 A claim made by Hikaia Amohia, Archie Te Atawhai Taiaroa,

Raumatiki Linda Henry, Kevin Amohia, Hoana Joan Akapita, Te Turi

Julie Ranginui, Brendon Puketapu, Michael Potaka, John Maihi

and Rangipo Metekingi.

• Wai 221 A claim made by Joan Akapita and Don Robinson.

• Wai 428 A claim by the Chair and Committee of Management of Pipiriki

Incorporated and other blocks.

• Wai 555 A claim by Robert Wayne Cribb.

• Wai 759 A claim by Meterei Tinirau.

• Wai 1191 A claim by Eleanor Taiaroa, Wairata Te Huia and Margaret Maki

Edwards.

• Wai 1229 A claim made by Selwyn Brown, Tahiwi Tiunga Peni, Karina

Williams, Thomas and Margaret Waara, Rex Peni, Gloria King,

Rangi Bristol, Wayne Waara, Michael Marumaru, Paul Marumaru

Lance Ruke, Brian Ruke and David Wiari.

• Wai 1594 A claim made by Geraldine Taurerewa.

• Wai 1607 A claim made by Erina Rawinia Keepa Pucher, Adrian Maximilian

Keepa Pucher, Don Edward Robinson and Bobby Gray.

5 Wai 167 is well-known as the claim for the Whanganui River Inquiry. It also raises wide-ranging issues throughout the Whanganui district including, for example, claims relating to the Native Lands Acts. Wai 167 is appropriately included to the extent it relates to land in central Whanganui and claims in part relating to Te Korowai o Wainuiarua.

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6. Charitable Trust Structure 6.1. Who is Uenuku Charitable Trust (UCT)?

6.1..1. Uenuku Charitable Trust is a registered charitable trust incorporated under the

Charitable Trusts Act 1957. UCT was established in 2014 to enable the adequate

provision of services to ensure the economic, social, cultural and educational

development of the claimant community. There are 38 seats on the Board of

Trustees.

6.1..2. UCT was set up following a Hui-ā-iwi on 1 February 2014.

6.1..3. UCT trustees are appointed in accordance with the UCT Deed of Trust [Appendix

A].

6.1..4. The interim trustees of UCT were:

Aiden Gilbert

Rayma Bryers

Tracy Lee-Repia

Mahanga Williams

Kaylene Crossan

Caroline Heta

Tammy Pikari

Clyde Connell

Harley Turoa

Don Robinson

Lesley Edmonds

Hune Rapana

Raymond Rapana

Clive Te Iwimate

Brabyn Gray

Johanne Patel

Amoa Hawira

Kura Wanikau Turoa

6.1..5. Currently, UCT is in the process of electing new Trustees with nineteen

candidates seeking endorsement from their constituents prior to being ratified at

UCT’s Annual General Meeting planned for 12 July 2015.

6.1..6. UCT is engaged with other claims on behalf of the Uenuku including Tongariro

National Park, Taurewa Forest and Ngā Tāngata Tiaki.

6.1..7. UCT rents an office to undertake these activities at 156 Seddon Street, Raetihi.

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7. Responsibilities and Accountabilities 7.1. Appointing, replacing and removing UCT trustees

7.1..1. The appointment, replacement and removal of UCT trustees is set out in more

detail in the UCT Representation Protocol [Appendix B]. The protocol is

comprehensive and allows for the tino rangatiratanga of each Hapū and Marae.

7.1..2. UCT trustees will hold office for no longer than three years before facing re-

election unless he or she is removed as a mandated representative by the group

they represent or by a Board resolution supported by the majority of trustees

present if, in the opinion of those parties, the continuation in office of that

trustee would not be in the best interest of UCT.

7.1..3. The method of voting and further details are outlined in the UCT Representation

Protocol [Appendix B].

7.2. Governance

7.2..1. The UCT trustees will sign off all important documents such as Terms of

Negotiation, Agreement in Principle and draft Deed of Settlement. In regards to

the Deed of Settlement, the approval of the claimant community will be required

through the formal ratification process.

7.3. Reporting Back to the Claimant Community

7.3..1. UCT will have overall responsibility for reporting back to its constituent claimant

community to ensure its mandate is kept current. UCT will meet monthly at

Marae, hold Hui-ā-tau (AGM) each year in April (from 2015), and call Hui-ā-iwi as

required. Hui-ā-tau and special interest Hui-ā-iwi are advertised and notified via

the UCT website, Facebook page, Twitter, email and newsletter. Hui are held in

an open, transparent forum that allows the claimant community to attend and

participate. Trustees are mandated representatives and as such are responsible

for reporting back to the groups they represent. Notification of monthly UCT Hui

is made via the UCT website, Facebook page and Twitter, and may also be made

via email and newsletter. UCT will report back to the claimant community on the

progress of the settlement process including updates and information at key

milestones such as:

achieving Crown recognition of mandate;

Terms of Negotiation;

Agreement in Principle;

Deed of Settlement;

Post Settlement Governance Entity (PSGE) structuring;

ratification of the settlement package and the PSGE (which will require Hui

around the motu and an approved ratification and voting process); and,

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progression of research activity and timing of other opportunities for Te Korowai

o Wainuiarua including interests in the Tongariro National Park collective,

Whanganui River Māori Trust Board, Taurewa Block and Waikune Prison.

7.4. Funding

7.4..1. UCT will be applying to OTS for a contribution toward pre-mandate activities and

is currently in the process of achieving approved client status with Crown

Forestry Rental Trust (CFRT) to apply for deed of mandate funding.

7.5. Advisors

7.5..1. UCT will utilise advisors where appropriate and when required. UCT will use its

best endeavours to utilise internal resources and capacity within Hapū groups

where appropriate. There will be a need for specialist advisors during the

settlement process.

7.6. Pae Mātua o Uenuku (kaunihera kaumātua)

7.6..1. UCT will support a council of elders who may be consulted to seek guidance in

relation to matters of tikanga, whakapapa and any other matter. Kaumātua may

attend and participate in UCT meetings in an advisory capacity as of right.

7.7. Trust Deed Review

7.7..1. UCT is committed to reviewing the Trust Deed within 3 years to ensure it is

operating effectively and to consider whether any changes or additions are

required to the Trust Deed and the policies and procedures of UCT.

8. Tribal Registry 8.1. UCT holds a tribal register of beneficiaries and endeavours to register all members of Te

Korowai o Wainuiarua in order that uri be informed and able to participate fully in decision

making. Registration forms are available from the UCT office, from the UCT website

www.uenuku.iwi.nz, on the UCT Facebook page, and by email on request. Administration

of the tribal register will be undertaken in accordance with the Privacy Act 1993.

Registration is approved by a Whakapapa Committee supported by kaumātua.

8.2. We encourage all uri to register with UCT even if you are also registered with other

entities.

9. Treaty Negotiation Structure 9.1. As mentioned in 7.2 above, UCT will govern and sign off on all important documents.

9.2. UCT will establish the following working groups to ensure that all interests are represented

during Treaty negotiations:

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Claims Committee – to provide strategic direction and leadership on the

implementation of Treaty plans and to consider and make recommendations;

Research Committee – a focus group of researchers headed by an experienced

historian/researcher;

Negotiators – a team of 3 – 5 negotiators will be appointed to work through the details

of a Treaty settlement package with the Crown.

9.3. These working groups will be sub-committees of UCT. UCT intends that the three working

groups will include representation from:

Tamakana;

Tamahaki;

Uenuku;

Waitangi Tribunal Claimants;

Kaumatua.

9.4. Appointments of the above representatives will be made in accordance with each group’s

established voting procedures. In the case of Waitangi Tribunal Claimants and Kaumatua,

UCT will run an open and transparent appointments process.

9.5. If a genuine dispute arises in relation to the replacement, removal or appointment of

negotiator(s) the parties shall endeavour to resolve the dispute in good faith between

them. If the parties are unable to resolve the matter by negotiation, the UCT Disputes

Procedure shall apply as set out in Appendix C.

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10. Mandate Planning 10.1. This mandating plan outlines a process to seek a mandate from Te Korowai o Wainuiarua

for UCT to achieve Crown recognition of mandate for the purposes of Treaty settlement

negotiations.

10.2. The UCT has engaged in the following activities to date:

1 February 2014 Special General Meeting Hui-ā-iwi, Mangamingi Pah, Raetihi.

Uenuku resolved to disestablish the Uenuku Tribal Authority.

Uenuku resolved to establish a charitable trust capable of

processing Treaty claims as a large natural grouping to a deed of

mandate on behalf of Uenuku claimants and Uenuku Iwi.

2 February 2014 Hui of nominated Uenuku representatives to UCT. Election of

interim chair and secretary.

15 February 2014 Uenuku representatives Hui – development of Trust Deed.

1 March 2014 Uenuku representatives Hui – further development of Trust Deed.

22 March 2014 Hui-ā-Iwi, Raetihi Pah, Raetihi, to ratify the Trust Deed.

3 April 2014 Uenuku Charitable Trust was incorporated under the Charitable

Trust Act 1957.

26 April 2014 UCT Hui, Mangamingi Pah, Raetihi, Treaty settlement update.

10 May 2014 UCT Hui, Mangamingi Pah, Raetihi, Treaty settlement update.

7 June 2014 UCT Hui, Raetihi Pah, Raetihi, Treaty settlement update.

8 June 2014 UCT Hui, Raetihi Pah, Raetihi, Uenuku LNG Hui attended by other

Uenuku groups.

14 June 2014 Uenuku LNG Hui, UCT Office, Raetihi attended by other Uenuku

groups.

21 June 2014 Hui-ā-iwi, Mangamingi Pah, Raetihi, ratification of Treaty road show

presentation.

4 July 2014 Hui-ā-iwi, Rehua Marae, Christchurch, #1 Treaty road show Hui.

6 July 2014 Hui-ā-iwi, Te Whānau o Hokonui Marae, Gore, #2 Treaty road show

Hui.

7 July 2014 Hui-ā-iwi, Moeraki Marae, Moeraki, #3 Treaty road show Hui.

12 July 2014 Hui-ā-iwi, Mangungu Marae, Naenae, #4 Treaty road show Hui.

13 July 2014 Chateau, Tongariro National Park facilitated Hui regarding Uenuku

representation on the Tongariro National Park collective.

19 July 2014 UCT Hui, Raetihi Pah, Raetihi, Treaty settlement update.

26 July 2014 Hui-ā-iwi, Te Tatai Hono Marae, Auckland, #5 Treaty road show Hui.

27 July 2014 Hui-ā-iwi, Te Rangiora Marae, Hamilton, #6 Treaty road show Hui.

10 August 2014 Hui-ā-iwi, Rangahaua Marae, Whanganui, #7 Treaty road show Hui.

16&17 August 2014 UCT planning Hui, Te Puāwaitanga o Tūwharetoa Kōhanga Reo,

Taupō, developing policies and procedures for UCT.

17 August 2014 Pae Mātua Hui, Raetihi Pah, Raetihi, overlapping Hui with Ngāti

Rangi.

24 August 2014 Tamahaki Hui, Raetihi, Chair’s address to Tamahaki Hui re: working

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as one under LNG.

26 August 2014 Powderhorn, Ohakune, Uenuku LNG group Hui including other

Uenuku groups.

30 August 2014 Hui-ā-iwi, Mākaranui Papakāinga, Mākaranui, #8 Treaty road show

Hui.

31 August 2014 Hui-ā-iwi, Mākaranui Papakāinga, Mākaranui, Patutokotoko

mandate.

UCT Hui, Mākaranui Papakāinga, Mākaranui, Treaty settlement

update.

5 September 2014 Hui-ā-iwi, Raetihi Pah, Raetihi, #9 Treaty road show Hui.

14 September 2014 UCT Hui, Mākaranui Papakāinga, Mākaranui, Uenuku LNG

group Hui including Uenuku and Papakai groups, attended by

OTS officials.

UCT Hui, Mākaranui Papakāinga, Mākaranui, Treaty settlement

update.

28 September 2014 UCT Hui, Campsite, Mākaranui -Taonui, Treaty settlement update.

1 October 2014 Te Awa Tupua Hui, Whanganui River Māori Trust Board,

Whanganui, clarification Hui.

UCT Hui, Rangahaua Marae, Whanganui, Treaty settlement

update.

19 October 2014 UCT Hui, Raetihi Pah, Raetihi, Treaty settlement update.

16 November 2014 UCT Hui, Raetihi Pah, Raetihi, Treaty settlement update.

07 December 2014 UCT Hui, Mākaranui Papakāinga, Ratification of the draft Mandate

Strategy

13 December 2014 Public notification of UCT draft Mandate Strategy in local and

national papers

11. Proposed Mandate Process 11.1. In designing the Mandate Strategy, UCT sought to provide a fair, robust and open process

whereby those who descend from Tamakana, Tamahaki and/or Uenuku could consider and

vote on the mandate proposal.

11.2. Mandate Hui

11.2..1. Mandate Hui will provide information to the Te Korowai o Wainuiarua claimant

community, and people will be able to vote via an independently run election

process at these Hui.

11.3. Number and Location of Mandate Hui

11.3..1. Members of Te Korowai o Wainuiarua live throughout the motu and this has

been taken into account in determining the number and location of the formal

mandate Hui. These Hui will be held at the following locations:

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Gore

Christchurch

Wellington

Hastings

Taumarunui

Kihikihi

Auckland

Whanganui

Pipiriki

Raetihi

11.4. Notification

11.4..1. The Hui will be notified by placing pānui in the following places at least two

weeks before the date of the first Hui:

on the UCT website www.uenuku.iwi.nz

Uenuku Facebook page

at Uenuku Marae

at Hapū Hui

at the UCT Office

in local and national newspapers

on Māori radio stations

11.4..1. The pānui will clearly state that the purpose of the Hui is for members of Te

Korowai o Wainuiarua to receive information before voting on a Deed of

Mandate.

11.4..2. Information provided at Hui, which will be approved by the Crown, will cover the

following matters:

Purpose of Hui – the purpose is to spread information about the UCT’s intention

to obtain a Crown-recognised mandate.

Representation/structure – the structure of the UCT and the negotiators

explained to participants.

Treaty settlement process – an overview of the Treaty settlement process to be

provided.

Claimant Definition and Claims Definition – the Claimant Definition will be

provided with a list of claims to be settled.

Mandate voting process – the registration and voting process will be explained so

Te Korowai o Wainuiarua members are informed on how to participate in the

process.

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11.5. Information provided in voting pack

11.5..1. The information provided in the voting pack will be similar to the information

provided at the mandate Hui.

11.6. Record of Hui

11.6..1. Minutes and attendance registers will be taken at each Hui. We will ask attendees

to list their Hapū/iwi and Marae affiliations.

11.7. Independent Observers

11.7..1. Crown observers from Te Puni Kōkiri will be invited to attend.

11.8. Independent Returning Officer

11.8..1. All votes will be submitted to and counted by an Independent Returning Officer.

12. Voting Process 12.1. All members of Te Korowai o Wainuiarua aged 18 years and over, whether registered or

not, are eligible to vote. Each eligible voter will be required to vote on the resolution using

their voting method of choice.

12.2. Te Korowai o Wainuiarua members can vote in four ways:

Postal voting using prepaid return envelopes

Online voting using a unique identifier

Voting by using ballot boxes at mandate Hui; and

Via a special vote (see paragraph 12.7)

12.3. Resolutions

12.3..1. Te Korowai o Wainuiarua members will be asked whether or not they accept the

mandate proposal.

12.3..2. The resolution put to the vote will be:

That Uenuku Charitable Trust is mandated to represent Te Korowai o Wainuiarua

in negotiations with the Crown for the comprehensive settlement of all historical

Treaty of Waitangi claims that relate to Te Korowai o Wainuiarua.

12.4. Postal Ballot and Electronic Voting

12.4..1. All eligible members of Te Korowai o Wainuiarua are encouraged to register on

the tribal register held by UCT in order to be informed and participate fully in

decision making. Te Korowai o Wainuiarua members enrolled on the UCT

member database will be sent by post and email (if they provided an email

address) a voting pack containing mandate information and a covering letter at

the beginning of the voting period. Voters will also be able to vote through other

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methods, with details given on the voting form. The information provided in the

voting pack will be similar to the information provided at the mandate Hui.

12.5. Vote Submitted at Mandate Hui

12.5..1. If Te Korowai o Wainuiarua members have not already submitted a vote through

the other voting methods, eligible voters will be able to submit their votes at the

mandate Hui by casting their voting paper in the ballot box provided. At each

mandate Hui a secure ballot box will be provided for this purpose. Te Korowai o

Wainuiarua members will also be able to place a special vote at the Hui.

12.6. Special Votes

12.6..1. Where someone has not registered before the start of the voting period and they

contact the Independent Returning Officer to say that they want to vote in the

mandate process they will be sent a voting pack, a registration form and a

whakapapa verification form (for those who want to vote but do not want to

register). Alternatively, an allocated person under the supervision of the

Independent Returning Officer can provide these at the mandate Hui. The voting

papers must be marked with a provisional number for the applicant for voting

and this will be their voting identification number. These numbers should be

easily distinguishable from the voting identification numbers for registered voters

and a register of all special votes needs to be prepared.

12.6..2. The applicant must send their registration form or whakapapa verification form

together with the voting form or vote as provided at the mandate Hui.

12.6..3. Members of the claimant community do not need to register to vote on the

mandate. Members of Te Korowai o Wainuiarua who are not registered with UCT

may vote by completing a special voting form and either a registration form or a

whakapapa verification form.

12.6..4. Special votes will not be counted unless a registration form (or whakapapa

verification form for those not wanting to register with UCT) and special voting

form has been received on or before the last day for receipt of voting papers.

Special votes will be subject to verification that the voter is aged 18 years and

over and fits within the claimant definition for Te Korowai o Wainuiarua.

Verification will be carried out by the appointed UCT Whakapapa and

Registrations Committee.

12.6..5. Voters must complete a special voting form if they:

register on the UCT member database during the voting period but before the

closing date of voting;

wish to vote but do not want to register with the UCT;

did not receive their voting pack in the mail; and,

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do not have their voting paper they received in the mail but want to cast their

vote at the mandate Hui.

12.6..6. Each special vote will use a unique voting identifier that will reference the special

registration of the individual according to age or late registration. Each special

vote voting form will have the required registration form or whakapapa

verification form, fully completed and attached, if not already previously

registered. An allocated person under the supervision of the independent

returning officer will be present at each formal mandate Hui to accept special

votes and give instructions to Te Korowai o Wainuiarua members who wish to

vote this way.

12.7. Replacement Papers

12.7..1. If any requests are received for replacement voting papers, the Independent

Returning Officer will send out a new voting pack and record that they have done

so on the voting register. Alternatively, an allocated person under the supervision

of the Independent Returning Officer can provide replacement voting papers at

the formal mandate Hui. Ideally, the Independent Returning Officer, the allocated

person or voter should write on the original paper that it is no longer valid as a

replacement has been issued. In any event, the replacement voting paper should

be marked “replacement” just in case anyone tries to send in both papers, in

which case the Independent Returning Officer will know to only count the

replacement.

13. Dispute Resolution 13.1. If a genuine dispute arises between members of Te Korowai o Wainuiarua and UCT, the

parties shall endeavour to resolve the dispute in good faith between them. If the parties

are unable to resolve the matter by negotiation the UCT Disputes Procedure shall apply as

set out in Appendix C.

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14. Amendment or Withdrawal of Mandate 14.1. Withdrawal of Mandate from the mandated body

14.1..1. A letter must be written by the claimant community representatives to the Chair

of the mandated body identifying the concerns and also seeking a meeting to

discuss these matters;

14.1..2. The letter must be co-signed by at least 51% of the number of adult members

(aged 18 years and over) who voted on the mandate;

14.1..3. If the meeting between the claimant community representatives and the Chair of

the mandated body does not resolve the concerns, then the claimant community

may organise a series of publicly notified Hui;

14.1..4. The publicly notified Hui should follow the same process that conferred the

mandate:

with at least 14 days notice in national and regional print media;

outlines the kaupapa of the notified Hui;

the background to the concerns;

the parties involved;

the resolution to put to the claimant community; and,

a Te Puni Kōkiri (TPK) observer is invited to observe and record proceedings.

14.1.5. Once the Hui have been completed and the outcome of the voting process

determined then the mandated body should inform OTS by way of letter about

the result and to discuss next steps for settlement negotiations. This may involve

some changes to the mandated body or another process to be undertaken as

agreed with officials.

15. Research 15.1. Historical research will be undertaken as part of the negotiations process. The research will

be commissioned by UCT after the deed of mandate phase.

15.2. UCT will be supported by a professional historian/researcher appointed by UCT. The Crown

will be consulted prior to commissioning a historian/researcher to agree an approach to

the drafting of the agreed historical account for the deed of settlement.

15.3. UCT envisages that members with in-depth knowledge of the history and whakapapa of Te

Korowai o Wainuiarua and its Hapū could be invited to contribute to the development of

the historical account.

15.4. UCT intends to undertake other historical research to complete the oral and traditional

histories of Te Korowai o Wainuiarua. This will be completed during the Treaty settlement

process or following a deed of settlement as part of a cultural revitalisation project.

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Appendix A: UCT Deed of Trust

Appendix B: Draft UCT Representation Protocol

Appendix C: Draft UCT Disputes Procedure